Detroit Misdemeanor Defense Attorney

If You are Charged with a Misdemeanor

How Schmierlaw Can Help

• If you are not familiar with the Court and Legal system, we can explain what is going on and how a case like yours will proceed. If you are spending sleepless nights wondering what will happen, we can help you understand your options.

• If you have experience with the criminal justice system and this is your second go-round or you are accused of screwing up probation, give us a call. We may be able to help. There are things you can do to mitigate the effects of a probation violation could have or what a second conviction, even a misdemeanor, may have on your record or freedom.

• We will examine the facts. If the evidence against you is questionable then will advise you to go to trial. On the other hand, if the evidence against you is overwhelming or if the Prosecutor is willing to lower the charge in return for a "Guilty" plea, we will offer our best advise on how we think you should proceed. But ultimately, you will make that decision with the best information possible.

Generally, first time offenders will not face jail time, but in certain jurisdictions, certain judges, and for certain crimes, you will go to jail. We can work to minimize the time you spend in jail and have been successful reducing what could have been months of jail time to just a few days.

• If you Google it, over 90% of all criminal charges are resolved by some sort of guilty plea. Going to trial means rolling the dice for both you and the Prosecutor. Plus the Judge wants you and the Prosecutor to settle this. A trial takes up a lot of the Court's time and they have to pay and provide for the Jury. In addition, a trial will cost you a lot of money. An attorney will generally charge much more, the more he or she has to devote to your case. So you should consider when making the decision on whether to go to trial or pleading guilty, is what effect a guilty plea would have on you. For instance, many times a deal can be made where the conviction does not even show up as a conviction.

A Misdemeanor is no big deal until someone does a background check.

While a misdemeanor is less severe than a felony, do not underestimate the consequences. A misdemeanor conviction can still cost you time in jail, big fines, and a record of the misdemeanor will appear on the public record. It could effect your credit score, parenting time, and even your ability to be one of the parents on you kid's field trip. Even worse, you could go to jail in the county lockup. We can help.

You Want an Attorney Dedicated to Your Defense

We are here when you need us. We don’t keep banker’s hours and a real person is available to take your call. For an even faster response, send us a text or email. We take the time to get to know our clients. We don’t sign you up and then pass you off to an associate or clerk. You know who is representing you from the start. We don’t sugar coat things. We give our clients realistic assessments of what to expect in their individual situations.

How District (Misdemeanor) Court Works

Arraignment

If you have been charged and arrested with a Misdemeanor, an Arraignment will be scheduled. The Arraignment is conducted at the District Court. At the Arraignment the charges will be read to you in open Court and the next hearing will be scheduled. In addition, Bond will be set. Depending on the severity of the crime, you may be allowed to come in to Court on your own or if the crime is serious and you are in a local jail, the police will transport you to the arraignment.

Bail and Bond

Michigan Law requires that every person is entitled to post a bond or something of security, to insure that person will return to Court. The Judge is allowed by law to consider two factors when deciding the amount the Defendant must post with the Court to get out of jail before the case is settled:

(1) Is the person a risk of flight. Does he have a job, family, other ties to the community? What is the likelihood that the accused will come back to court when ordered.

(2) Does the person pose a risk of danger? If the person is released from jail might they do same thing? And who might get hurt?

After you are arraigned on a misdemeanor, a misdemeanor pretrial will be scheduled.

Misdemeanor Pretrial

After you are arraigned on a misdemeanor, a pretrial will be scheduled. At that hearing, you and your attorney will have the first opportunity to discuss the case with the Prosecutor. The Defendant and his or her Attorney will be given the police report and any other evidence that the Prosecutor might have. You will have three choices at this hearing:

(1) you can adjourn the case to a later date to allow your Attorney to collect evidence, get other evidence the Prosecutor may have, or just have time to further discuss the case with you.

(2) You can demand a trial. In that case, a trial date will be selected where a jury will be chosen and the Prosecutor will have to prove beyond a reasonable doubt that you are guilty, and lastly

(3) The Prosecutor might offer a lesser charge or a recommendation to the Judge for no jail, only probation, if you are will to plead Guilty to the lesser charge or an agreement you will not be incarcerated.

Depending on the choice you make, you will either go to trial, come back for another Pretrial, or plead guilty and in a couple weeks later, get sentenced.

Misdemeanor Sentencing

Depending on the choice you make, you will either go to trial, come back for another Pretrial, or plead guilty and in a couple weeks later, get sentenced.

Depending on the exact nature of the crime, your prior record, how much trouble, time, and money you have caused the Court, and how experienced and competent your criminal defense attorney will determine the exact sentence you will receive. If you are sentenced to any jail time, it will be served in a County Jail. Generally, however, unless you have a significant criminal history, the misdemeanor was particularly serious, or you are already on probation, the Court will generally sentence you to a probation period, restrict the use of alcohol or other controlled substances even if legal, and impose community service.

In certain certain District Courts, like the 48th in Birmingham, Bloomfield Hills, and Bloomfield Township, if you are charged and convicted of any alcohol or drug related driving offense, you might be spending time in jail. And even if the worst happens, an experienced defense attorney can make the worst not become a lifetime. Knowing the District Courts, the Judges, and the Prosecutors is an important consideration when retaining a criminal defense lawyer. Contact Schmierlaw to talk about your case and see what we can do.

If You are Charged, Under Investigation, or Arrested, Call us to schedule an initial, no-cost consultation to talk about your case.

For the Best Criminal Defense PossibleContact Schmierlaw for an Initial No-Cost Consultation